This is our next post in a series of articles addressing the handling of wrongful death cases in Fort Worth, Texas. Our last article discussed the fact that wrongful death cases often involve multiple defendants. It also stressed how important it is to retain an experienced attorney to handle these serious matters. A lawyer can help identify defendants and ensure the family has the best chance possible of receiving full compensation. In this article, we will address the statute of limitations that apply to such cases in Texas. It is possible for grieving family members to miss the deadline when they are unaware of this legal limitation. Losing a loved one because of someone’s negligence warrants a time of grieving. But waiting too long to take legal action can jeopardize the right to file a lawsuit and recover damages. If you are in need of assistance then contact our office to speak with a Fort Worth wrongful death attorney.
These types of claims are subject to strict deadlines under the statute of limitations. This is a legal limit that sets the maximum amount of time a person has to file a lawsuit. Texas has set a statute of limitations for most wrongful death claims at two years from the date of death as established by Texas Civil Practice & Remedies Code § 16.003(b). The date the decedent passed away may be different from the date of the accident. There are rare exceptions to this rule, such as when the claimant is a minor or when the cause of death was not immediately known. Typically though, the clock starts ticking on the date the person dies. For example, if someone is seriously hurt in a car accident on May 15, but does not pass away from their injuries until June 15, the two-year statute of limitations begins accruing on June 15 rather than May 15.
Pursuing a lawsuit while focusing on funeral arrangements, managing estates, and dealing with the emotions of a loss is often not a family’s priority. Delaying legal action could unfortunately allow the statute of limitations to run out. Some families assume they have more time while others are completely unaware of the impending deadline. The statute of limitations continues to run until a lawsuit is filed with the Court, even if the family is in the middle of negotiations with an insurance carrier. An experienced attorney can help protect your claim by filing a lawsuit with the Court if the statute of limitations deadline is quickly approaching. For example, even if you plan to settle out of Court later, filing a lawsuit is one way to ensure that the deadline does not pass and a claim becomes barred. Negotiations can continue after the lawsuit is filed.
Our lawyers at Noteboom – The Law Firm understand how difficult it is to think about legal matters during a time of mourning. But contacting an experienced attorney for help early on can ensure the claim is filed within the legal statute of limitations set by the State of Texas. We specialize in large scale personal injury cases and have the experience needed to handle your case. We have an on-staff investigator who helps gather evidence efficiently. We also have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. Contact us today to speak with a wrongful death lawyer. We serve Fort Worth, Arlington, Dallas, and other areas throughout Texas.